What to do if my former employer refuses to give me my last paycheck because my supervisor denies that I was there but I was?

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What to do if my former employer refuses to give me my last paycheck because my supervisor denies that I was there but I was?

Employer is a temp agency. The supervisor works for the assignment. Superivsor is supposedly unable to find the piece of paper he made me sign in on instead of the usual punch card. I should be on camera there, and I remember a lot of details about the day in question. I have a friend who got his paycheck after having a similar issue, but they won’t give me mine even though our hours were written down on the same exact piece of paper. The temp agency has blocked my number, and besides driving out to my old job site which I believe is private property, I have no way to speak to my supervisor. How do I get my check?

Asked on May 17, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, there may e no good way to get your paycheck. When your employer claims you did not do the work, but you claim you did, the employer is not violating the labor laws per se, and so government agencies (for example, the department of labor) will not get involved; instead, this is a classic "contractual" dispute between two parties--did you or did you not do the work you were supposed to do to get paid?--which means that the only way to resolve the issue is by filing a lawsuit. You would need to sue your employer for the money; then in the process of the lawsuit, you would have access to certain legal mechanisms,  called "discovery," that would let you get access to documents and witnesses. However, depending on how much is at stake, it may be that it is not economically worthwhile to sue. One option to consider is representing yourself in small claims court--your chance of winning will not be as good without an attorney, but you will have significantly lower costs. Good luck.


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